The conflicts that animate the prud’hommes reflect on a daily basis our social history. The hearing in the office of the court shall be public. Regularly, a journalist for The Express purpose of attending the debates.

Paris (conseil des prud’hommes, section coaching, 18 April 2018 at 13: 10.

Surrounded by two counselors and an advisor, the chair asked the clerk to call the lawyers in the first case. The lawyers of Nicolas (1), and his ex-employer (a bank) approach.

The president : “You remind us of your requests ?”

The lawyer of Nicolas : “I am claiming 65 334,99 euros in damages and interest for dismissal without cause real and serious, 14 256,92 euros of conventional compensation for dismissal, 21 385,28 euros to pay in lieu of notice 3 575,76 euros reminder of pay for layoff as a precaution with 357,57 euros of paid leave related, 38 000 euros callback variable pay, € 20 000 of the convention package and 3 000 euros to article 700. Its average wage was 7 128,46 euros.”

The counsel for the employer : “I request the rejected, 3 000 euros to article 700, I take a fixed salary of 6 666 euros without bonus built.”

The president : “What happened ?”

The lawyer of Nicolas : “My client was hired by this business bank on January 4, 2012, with a status frame for level K (2) he obtains by march 2016. He received a letter of invitation to interview prior to dismissal on 18 January 2017 to 26 January, with a layoff as a precaution. He is dismissed for serious misconduct. It accuses him of having tried to go out of the box professional two mails with confidential information and have printed documents of a confidential nature. My client worked on cases ranging from 70 to 110 million euros. He is constantly on the road, it evaluates the companies in the area of savings collection and it is so powerful that it is considered to be the place of his N+1.”

The president : “And yet, there is a serious fault for printing confidential documents…”

The lawyer of Nicolas : “I am coming to that madam president. He has a Blackberry and an iPhone at his disposal. It accuses him of having wanted to put all of his contacts from the Blackberry and the iPhone. If I summarize, the transfer contacts from the Blackberry to the iPhone is a serious fault. He has not denied the attempt of the transfer, it has also received two warning messages and printed his list of contacts. If he had had an approach unfair to his employer, he would have done the transfer manually his home and no one would have ever heard of them. Second item : it is an attempt to transfer, certainly, but not a violation. From there to the sanction, may be, by a reminder of the rules. But sanctions-t-on a failed attempt by a serious fault ? It is totally disproportionate. For me, the dismissal is without cause real and serious.”

The counsel for the employer :”On the recall of facts, this bank is specialized in the management of the affairs of large fortunes. Your client is taken to be in possession of extremely confidential information, it is even qualified of “personal sensitivity”. It has been detrimental to the protection of data. He would have been able to enter the association paritaire banks to defend the record, but he has preferred to opt for the jurisdiction prud’homme. He committed the crime on January 11, 2017, was dismissed on February 9, 2017 and has returned to work on February 27.”

The lawyer of Nicolas : “You’ve made me the summation of communicating the new work contract from my client and I answered that he had had the chance to get back to work fifteen days after they have been fired. The collection of savings is a micro-market, it has been committed on 24 February with the beginning of his contract the 27, it is rather positive, no ? It does not compete with his former employer because it does not work on the same niche. It you were never harmed.”

The counsel for the employer : “It’s all mixed up ! He became head of development in her new job, it is not difficult to know, he boasted everywhere. What he stole, he sold to his new employer. This gentleman is an ace of anticipation. He knows very well that it is a grave mistake when we open a breach in our computer system. Anyone can come hack into the bank by its gmail ! There is a serious fault because it was fully informed and that he has enough follow-up training and had reminders about security. There is a serious fault because consciously, he has tried to create a “Trojan Horse” (3), which could create significant harm to their employer. I read you a few sentences of the rules of procedure : “Any output of file is prohibited”… “Do not get out of file through the internet”…

The president : “According to you, so he knew the safety rules ?”

The counsel for the employer : “of course he did. Since his hiring, he has a detailed note on the staff sensitive to the data. But his behavior is symptomatic : on the 11th of January, it connects out of the box professional in its box Gmail and try to send five files very heavy. What are 2 000 contacts with very important data. He was told that it was a violation of the security policy, the alert messages have been received and it has not been disputed. Has 14h12, the shipment is refused, so it starts to print at 14h26, 14: 45 and 18h19. He takes us to the puppets, because the same evening, it starts all over again in an attempt to send on the account of his girlfriend. At no time does makes contact with his superiors. We had a security fence that it tried to open.”

The president : “On the grievances, it is clear. Please tell us the other requests.”

The lawyer of Nicolas : “I have two other complaints. The first is the right to the premium. Graduate in 2017, he is entitled to the premium of 2016. During his evaluation interview that I produce, it is said that he made a year 2016 outstanding. The amount of the premium is 38 000 euros, why do it to him, does it not ? It is law, upheld by the court of cassation.”

The counsel for the employer :” He loses nothing since it is granted by his new employer a “welcome bonus” of eur 35 000 on condition that arrive before march 30, 2017, which is the case. This is one of the reasons why he has not wanted to pass in front of the parity association of banks, which would have delayed his departure and, without doubt, also confirmed the serious misconduct.”

The president : “And your second request?”

The lawyer of Nicolas : “The range of work. He made more than 100 million€, more than 150 appointments, two-thirds in the paris region, a third in Lorraine. Its activity is very developed. “Commitment and availability, daily commitment,” notes his supervisor in his evaluation shortly before his dismissal. I demand 20 000 euros for running unfair of the labour contract by the employer which has not provided specific maintenance on the work load and the package day. Alternatively, still on the chapter of disloyalty to the employer, it was announced to the entire network of the group the departure of my client, the day of the delivery of the letter of convocation. The spell was cast. “I learned that you were fired,” he said immediately by SMS an important contact.”

The counsel for the employer : “he never spoke of his overload of work, her obsession is to climb in the hierarchy. This seems normal to specify that it is on the outset, because the serious misconduct is proven. However, it has not served since he found immediately a job !”

The lawyer of Nicolas : “You have lifted his non-compete clause, you don’t have a criminal prosecution, it is that the harm was non-existent.”

The counsel for the employer : “You above all the proof of loyalty to an employer who punishes an employee but does not want to harm him for the rest of his career !”

14h. The chair: “Master, it is finished. Delivered on 18 June.”

Verdict. Nicholas is dismissed.

Sending and printing of business documents: what the law says

security is a reality in all businesses. Some of them do not allow employees to connect to their email to be private, some employment contracts specify that point. The internal regulations may also indicate that the use of the own mail box is prohibited.

READ ALSO >> Management of e-mail in the workplace : where is the border professional/private ?

A staff said “sensitive” may also have constraints which, however, must be clearly specified in the employment contract or by amendment, clarifying the scope of its obligations and its prohibitions.

In the case of Nicholas, it is the attempt of disclosure, which has been sanctioned since the send could not be completed. His lawyer claims that they had to be transferred from one telephone to another, the employer of the bank said that they would involve a flight to a personal mailbox.

(1) The name has been changed

(2) one of The highest levels according to the collective agreement

(3) Trojan Horse: a malicious computer program designed to infect a system.

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The coincidence of the facts with the resumption of a new job in the same sector has tipped the balance on the side of the employer – even if no criminal complaint for the theft of data and the emergence of the non-competition clause relativize the prejudice of the bank.

(1) The name has been changed

(2) one of The highest levels according to the collective agreement

(3) Trojan Horse: a malicious computer program designed to infect a system.


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